Changes in child maintenance - BUT have a consent order

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  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
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    gla98avb wrote: »
    Thank you



    Would not dispute if the money went to the kids!


    You are aware that's a total deadbeat dad clich!, right?
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
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    gla98avb wrote: »
    Thank you



    Would not dispute if the money went to the kids!

    Are your kids the ones who do the shopping?
  • thorsoak
    thorsoak Posts: 7,166 Forumite
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    gla98avb wrote: »
    Thank you



    Would not dispute if the money went to the kids!

    So, you would be happy for your children to arrange their own housing/living expenses/education?
  • badmemory
    badmemory Posts: 7,869 Forumite
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    Presumably once the consent order is cancelled by the CMS order then you can go after a share of her pension. My agreement stated a fixed amount for 5 years with a lower fixed amount for the rest. Of course he managed to renege on the higher amount for almost 4 of the years, but I didn't go after more for the rest. Some of us actually stick to our agreements.
  • Rubik
    Rubik Posts: 315 Forumite
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    . Presumably once the consent order is cancelled by the CMS order then you can go after a share of her pension.

    The CO wouldn't be "cancelled" if one party approaches the CMS. Nor would approaching the CMS entitle that person to request a variation in the other clauses in the CO. All other clauses remain as they are in the CO.
  • badmemory
    badmemory Posts: 7,869 Forumite
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    Rubik wrote: »
    The CO wouldn't be "cancelled" if one party approaches the CMS. Nor would approaching the CMS entitle that person to request a variation in the other clauses in the CO. All other clauses remain as they are in the CO.


    What you are saying then is that no-one should sign a consent order because the provisions (well the ones that suit them) can be overridden by the CMS.
  • HoneyNutLoop
    HoneyNutLoop Posts: 568 Forumite
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    Nice twist, but no, that’s not what they are saying.

    They are saying the part of your consent order that specifies your child maintenance obligation can be overridden by an application to CMS after 12 months but not any other part of your order.

    Presumably you either didn’t get legal advice at the time or your solicitor failed to point this out to you?
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • Rubik
    Rubik Posts: 315 Forumite
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    badmemory wrote: »
    What you are saying then is that no-one should sign a consent order because the provisions (well the ones that suit them) can be overridden by the CMS.

    No, that's not what I said at all. Please don't try to misconstrue my words.
  • Rubik
    Rubik Posts: 315 Forumite
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    Nice twist, but no, that’s not what they are saying.

    They are saying the part of your consent order that specifies your child maintenance obligation can be overridden by an application to CMS after 12 months but not any other part of your order.

    HoneyNutLoop, that's exactly it in a nutshell (no pun intended), thank you.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
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    But badmemory is correct nonetheless, right? Clearly it's plain silly to make any concessions in other areas in return for reduced child maintenance, since the reduced child maintenance can evaporate a year later but the concessions you made in return are permanent. If the OP was actually following professional advice to do that then it was frankly negligent!
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